BHAGWAN DASS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Bhagwan Das and Durga Prasad applicants have filed this application under Section 482 Criminal Procedure Code praying for quashing the proceedings pending under Section 3/7, Essential Commodities Act, (hereinafter referred to as the Act) 1955, pending in the court of III AddI. Munsif, Fatehpur, State v. BHAGWAN Das and another, case Crime No. 162 of 1980, P. 5. Chandpur, District Fatehpur.

(2.) The brief relevant facts are that Bhagwan Das applicant No.1 was agent to sell the food grains and other essential commodities at fair price shop in village Amoli, P.S. Chandpur. District Fatehpur. F.I.R. Dated 20.10.80, Annexure 4 to the application, was lodged by S.I. S. B. Singh, P.A. Chandpur against the applicants disclosing facts on the basis of which an offence under Section 3/7 of the Act was said to be committed by the applicants. On the basis of the investigation charge-sheet annexure 5, dated 17.1280 was filed against the applicants. THE case is pending in the above court.

(3.) It is further pointed out that the F.I.R. annexure 4 would show that the search of the applicants shop was made by the said S.I. IT is pointed out that the applicants were running the said shop under the provisions of the D.P. Food Grains & other Essential Articles Distribution Order 1977 and that under clause 25 of the said Order the powers of search, entry into the premises, requiring production of books of account and other documents and their examination and seizure etc. are given only to Food Officers, Dy. Town Rationing Officers, or Area Rationing Officers. IT is therefore, argued that the S.I. of police had no authority to enter the shop of the applicants, or effect search etc. with the result that all these actions were illegal and vitiated the entire proceedings including lodging of the F.I.R. investigation and subsequent prosecution.